States Grants (Housing Assistance)
No. 40 of 1971
An Act relating to Financial Assistance to the States for the purpose of Housing.
[Assented to 18 May 1971]
[Date of commencement 15 June 1971]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the States Grants (Housing Assistance) Act 1971.
Definition.
2. In this Act, “the Housing Agreement” means the agreement executed in pursuance of the Housing Agreement Act 1956 as amended by the agreement executed in pursuance of the Housing Agreement Act 1961 and by the agreement executed in pursuance of the Housing Agreement Act 1966.
Authority to Treasurer to make advances for purpose of housing.
3. The Treasurer may, during the financial year commencing on the first day of July, One thousand nine hundred and seventy-one, out of moneys lawfully available for the purpose, make such advances to a State as the Commonwealth would be required to make to that State during that financial year under the Housing Agreement if that Agreement applied in relation to that financial year in like manner as it applies in relation to the financial year that commenced on the first day of July, One thousand nine hundred and seventy.
Conditions on which Treasurer may make advances.
4.—(1.) An advance to a State under this Act is subject to the same conditions as would be applicable to the advance if the Housing agreement applied in relation to the financial year commencing on the first day of July, One thousand nine hundred and seventy-one, in like manner as it applies in relation to the financial year that commenced on the first day of July, One thousand nine hundred and seventy, and the advance were made under that Agreement.
(2.) In addition to the conditions applicable under the last preceding sub-section, payment of an amount to a State under this Act is subject to the condition that—
(a) if the Treasurer informs the Treasurer of the State that he is satisfied that the State has failed to fulfil a condition applicable to that amount under that sub-section, the State will repay that amount to the Commonwealth; and
(b) if that amount exceeds the amount properly payable, the State will repay the amount of the excess to the Commonwealth.
Overview
The States Grants (Housing Assistance) Act 1971 was enacted to provide financial assistance to the states for the purpose of housing. This Act allows the Treasurer to make advances to the states under specific conditions that mirror those of the Housing Agreement, ensuring that the financial assistance provided aligns with the pre-existing framework established by earlier agreements. The Act was introduced to address the need for continued housing assistance to states in accordance with the evolving housing needs and agreements, reflecting a commitment to support state housing initiatives through Commonwealth funding. The Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and its policy objective is to facilitate housing support to states in a manner consistent with previous agreements.
Scope and Application
The States Grants (Housing Assistance) Act 1971 applies to the Commonwealth Treasurer, who is authorised to make advances to a state for the purpose of housing, in accordance with the conditions stipulated under the Housing Agreement. The Act applies nationally, as it pertains to financial assistance to states for housing purposes, and is bound by the terms and conditions outlined in the Housing Agreement. There are no explicit exclusions, exemptions, or thresholds mentioned in the Act, and the application of the Act may be further extended or restricted through subordinate instruments related to the Housing Agreement. The Act ensures that any advances made to a state are subject to the same conditions as if the Housing Agreement applied, with additional conditions regarding repayment of amounts in cases of non-fulfilment of conditions or overpayment.
Key Provisions
The States Grants (Housing Assistance) Act 1971 (Act) primarily facilitates financial assistance from the Commonwealth to the States for housing purposes. Section 3 authorises the Treasurer to make advances to a State during the financial year commencing 1 July 1971, out of moneys available, as if the Housing Agreement applied in relation to that financial year. Section 4 outlines the conditions under which these advances are made. It states that the advances are subject to the same conditions as would apply if the Housing Agreement applied in the same manner, and additionally, if the Treasurer determines that a State has failed to meet a condition, the State must repay the amount to the Commonwealth. If the amount paid exceeds the proper amount, the State must repay the excess.
The Act imposes several obligations on the parties involved. Firstly, the Treasurer must ensure that any advances made to a State are in accordance with the conditions stipulated in the Act and the Housing Agreement. The Treasurer must also verify that the State has met all applicable conditions before making any payments. If it is found that a State has not fulfilled its obligations, the Treasurer is required to inform the State Treasurer and demand repayment of the amount, or the excess if applicable.
Under the Act, there are potential consequences for non-compliance. If a State fails to fulfil a condition applicable to an advance, it is required to repay the amount to the Commonwealth. The Act does not explicitly state the maximum penalties for non-compliance, but it does impose a clear obligation for the State to make repayments. This ensures that the financial assistance provided is used in accordance with the agreed terms and conditions, maintaining the integrity of the funding arrangement between the Commonwealth and the States.